TERMS & CONDITIONS AND WAIVER
Gigi Fernandez Tennis, LLC (hereinafter “Gigi”, “We”, “Us”) specializes in curating and hosting one-of-a-kind tennis experiences for groups and individuals (hereinafter “you” “traveler”). Please read and understand the terms and conditions of booking set out below, as they affect your legal rights and responsibilities.
By booking a trip with Gigi you are deemed to have agreed to these Terms and Conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers, and your booking will be accepted by us on this basis. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree.
You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase,
- forfeiture of any monies paid for your reservation or purchase, and
- denial of access to the applicable travel related product or
2. DEPOSIT AND CANCELLATION
We highly recommend all travelers purchase travel insurance within two weeks of initial deposit.
- 25% FULLY REFUNDABLE DEPOSIT to hold your spot. This Deposit is refundable until March 1, 2024
- 25% deposit due six months before the event on May 1st. This deposit becomes nonrefundable unless we find a replacement for your spot.
- 50% final payment is due 90 days before on August 1st. This deposit is nonrefundable unless we have a wait list and find a replacement for your spots.
Spots are transferable if you find someone to take your spot that is of a similar rating and with knowledge and approval by Gigi based on the other participants in the camp.
CREDITS VS. REFUNDS
If you have to cancel the event by March 1, the deposit is fully refundable. If you cancel anytime after March 1 and amount held with Gigi Fernandez Tennis will turn into a credit that can be used on any future Gigi Fernandez Tennis Event.
WE HIGHLY RECOMMEND YOU PURCHASE TRAVEL INSURANCE TO PROTECT YOUR COMMITMENT
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Credit Card Bookings
In certain cases, you may dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Gigi Fernandez Tennis, LLC retains the right to dispute any chargeback that is improper and recover any costs,
including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used. Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy regarding the supplier’s product description. Chargebacks resulting from force majeure or other circumstances that are beyond the control of Gigi or the Supplier. Chargebacks resulting because you do not agree with the cancellation policy.
3. FORCE MAJEURE
A. Understanding of Risks: I understand and acknowledge that the BVI region is prone to natural disasters, including hurricanes, tropical storms, and other force majeure events that may disrupt travel plans, accommodations, and overall safety.
B. Assumption of Risk: I acknowledge and accept the risks associated with traveling to the BVI, including potential dangers, disruptions, or inconveniences caused by hurricanes, adverse weather conditions, or unforeseen circumstances beyond the control of the travel organizers.
C. Waiver of Liability: I hereby release, waive, discharge, and covenant not to sue Gigi Fernandez Tennis, LLC, its agents, employees, or affiliates for any liabilities, claims, demands, actions, or causes of action whatsoever arising out of any damages, loss, injury, or inconvenience related to a hurricane or force majeure event during my travel to the BVI.
D. Emergency Measures and Compliance: In the event of a hurricane or force majeure event, I agree to comply with emergency measures, evacuation orders, or instructions provided by local authorities or the travel organizers for my safety and well-being.
E. Travel Insurance: I understand the importance of obtaining comprehensive travel insurance that covers trip cancellations, interruptions, and emergency medical evacuations due to unforeseen events, including hurricanes or force majeure occurrences.
F. Assumption of Responsibility: I acknowledge that I am solely responsible for any additional costs, changes in travel plans, or accommodations necessitated by a hurricane or force majeure event. In the event is cancelled due to force majeure and/or damage to the resort hosting the event, the event will be rescheduled upon the reopening of the resort.
4. TRIP DETAILS
Tennis in the Virgin Islands is a 7 day tennis camp offered in the US Virgin Islands and the British Virgin Islands from November 1-7, 2024.
5. TRIP EXCLUSIONS
Meals and drinks outside of the itinerary
Extracurricular activities not on the schedule
6. TRAVEL INSURANCE
We strongly recommend the purchase of trip cancellation and baggage insurance through a company of your choice. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
Gigi is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Gigi cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Traveler agrees to and shall indemnify and hold harmless Gigi, and each of our officers, directors, employees and agents (collectively “Gigi Fernandez Tennis”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Gigi (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
Falls due improper use of equipment, failure of equipment whether from your own negligence or the negligence of others including employees and/or agents of Gigi, encounters with or attacks by marine life, animals and/or insects; exposure to plant life; criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; and acknowledgement that such exposure may lead to hypothermia and death; your own negligence and/or the negligence of others, including tour guides, other travelers, Gigi and its employees, agents and/or representatives; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for all any and all risks and agrees to and shall hold harmless and fully release Gigi from any and all claims associated with the trip, including any claims of third-party negligence and/or the negligence of Gigi and traveler hereby covenant not to sue Gigi for any such claims or join any lawsuit or action that is suing Gigi. This agreement also binds your heirs, legal representative, and assigns. The terms of the HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive and termination or cancellation of this Contract, whether by operation of law or otherwise.
8. LIMITATION OF LIABILITY
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
Any liability for any loss, death, injury, or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded. You release us and our officers, employees, agents, and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip. Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive, or exemplary damages.
Gigi and their employees, shareholders, affiliates, officers, director successors, agents and assigns neither own nor operate any entity which is to, or does, provide goods or services for your trip including, for example, lodging facilities, airlines, vessels, vehicles, or other transportation companies, guides, or guide services, local ground operators, ferry services, providers or organizers of optional excursions, food services providers, etc. All such persons and entities are independent contractors and not affiliated with Gigi in any way. Gigi makes these travel arrangements under the express condition that Gigi is not liable for any negligent or willful act or failure to act of any such person or entity of any third party. In addition, and without limitation, Gigi is not responsible for any injury, loss, death, inconvenience, delay, expense, irregularity or damage to person or property in connection with the provision of any goods or services, by any company or individual engaged in providing those services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, guides, etc. is subject to the laws of the state or country where the services are provided.
Responsibility is also not accepted for bodily injury, property damage or loss or any other expense whether resulting from, but not limited to, acts of God or force majeure, acts of war or civil unrest, acts of insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, sickness, illness, weather, fire, flood, the lack of availability of or access to appropriate medical attention, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, any failure of any transportation mechanism to arrive or depart on time, or any other event beyond Gigi’s control. If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), then you are responsible for your own hotel, transfers, and meal costs.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
10. APPLICABLE LAW /CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM
Gigi Fernandez Tennis, LLC is a US-based tour operator and all claims, complaints, or disputes, must be undergone in the jurisdiction of the United States. The laws of Florida, USA govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Florida. You agree that you will only bring claims against Gigi in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Gigi shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Gigi unless you have first provided a typewritten notice of claim to Gigi Fernandez Tennis, LLC within 30 days after the trip or cancellation of the trip.